Brief Fact Summary. The plaintiff, an eleven-year-old girl, lost the use of her thumb as a result of a snowmobile accident. The driver of the snowmobile was a thirteen-year-old boy.
Synopsis of Rule of Law. When a child causes injury by engaging in dangerous or adult conduct, they are held to an adult standard of care.
Although not controlling precedent in this Court, the facts surrounding the in re Farmers decision concerning the Farmers auto physical damage adjusters are nearly identical to those at issue here, and the Court finds the reasoning of Judge Jones to be persuasive.View Full Point of Law
Issue. Whether to apply an adult standard of care to acts of children who engage in adult behavior.
Held. Children who engage in hazardous activity are to be held to the same standard of care that an adult would be held to.
Discussion. Courts have traditionally given children a flexible standard of care to determine their negligence. Children are expected to exercise the degree of care and discretion that is reasonable of a child of their particular age. The standard looks at the age of the child, intelligence, maturity, training and experience. But there are some circumstances where it is appropriate to apply an adult standard. When operating a motorized vehicle, or taking part in a dangerous activity, children should be held to an adult standard of care because this will discourage them from engaging in the activity. When a child operates a motorized vehicle, he should be held to an adult standard of care because the chances of injury and accident are increased.